library material labels and rating systems mary minow, j.d., a.m.l.s. librarylaw.com...
TRANSCRIPT
Library Material Labels and Rating Systems
Mary Minow, J.D., A.M.L.S.
LibraryLaw.com
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Thursday Dec. 7, 2006
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Agenda
Labels: Viewpoint Neutral or PrejudicialReading lists, genres, ethnic/language
Notes and Ratings in Bibliographic Records Written by libraries / vendors
Restricting Materials Based on RatingsFirst Amendment problemWal-Mart problem
Five Key Questions
1. Labels: Viewpoint Neutral or Prejudicial?
wikis.ala.org/lawforlibrarians/
esp. Candace Morgan,
Labeling
Background: American Library Association (ALA) on Labeling
1950 Sons of the American Revolution pressured libraries to label “communistic or subversive”
Led to ALA stance against labeling
p. 173-181 history of ALA on labeling
Faith Fiction titles up 500% since 1990 >2500
Subgenres: contemporaryend of dayshistorical romancesuspense
western allegory young adult thrillers Christian chick lit
Current Interpretation Rev. 2005 Q & A added April 6, 2006
www.ala.org/ala/oif/statementspols/statementspolicies.htm#labeling
Current Interpretation Rev. 2005 Q & A added April 6, 2006
www.ala.org/ala/oif/statementspols/statementspolicies.htm#labeling
Warning: This presentation is based largely on ALA documents, but
paraphrasing is mine, not ALA’s.- Mary Minow
LabelsALA opposes labeling as means of predisposing
attitudes
When labeling attempts to prejudice attitudes, it is censor's tool
Labels can be used to restrict materials
Viewpoint-neutral directional labels make it easier to locate material
But if used to forbid access or suggest doctrinal endorsement, effect is same as prejudicial labeling
paraphrased
Is Label Viewpoint Neutral Directional or Prejudicial?
Not always obvious answer.
Depends on implementation.
Examine in light of intellectual freedom principles.
paraphrasedQuestions and Answers on Labels and Rating Systems
Reading List Shelf Viewpoint Neutral?
May library label/shelve school summer reading list books?
Yes. Assembling high demand materials for limited times helps users.
But make accessible to everyone, not just target audience.
Questions and Answers on Labels and Rating Systems paraphrased
Questions and Answers on Labels and Rating Systems
Romance, mystery, and science fiction Different opinions about titles’ fit, viewpoint neutral
Not moral or doctrinal endorsement.
Christian fiction labels e.g. cross
communicates a message of preference for Christianity especially when other religious fiction is not designated
Violation of First Amendment’s separation of church and state and of Library Bill of Rights.
Genre Labels Viewpoint Neutral?
paraphrased
Lawsuit Threat
ACLU threatened legal action library used cross stickers
"suitable for Christians"
claimed First Amendment violation separation of church and state
www.catholicleague.org/2000report/activists2000.html
Olathe, KS
Different Views
Library Director: Christian labels on light fiction. No sex or violence. Not doctrinal.
Board President: Never meant to offend or promote a religion with stickers. Just service to patrons.
ACLU: Effect of stickers, intended or not, gives message Christian books preferable to non-Christian books.
American Libraries, Oct. 30, 2000 tinyurl.com/p7tgl
Result?
American Libraries, Oct. 30, 2000 tinyurl.com/p7tgl
Board voted to remove labels
Ethnic/Language Sections?
Okay to meet demand
Make it simple for users to locate items
Design sections to help users find resources relevant to their experience, not restrict them to a certain section
Represent diverse viewpoints
Questions and Answers on Labels and Rating Systems paraphrased
2. Notes and Ratings in Bibliographic Records
Can we add "contains mild violence" on bibliographic records e.g. graphic novels?
No. This voluntary labeling violates Library Bill of Rights.
Range of attitudes on “offensive” and “moral values”values. Sex, violence, language…
“Objectionable content” in bibliographic record assumes all members of community hold same values
Questions and Answers on Labels and Rating Systems
paraphrased
Written by libraries
Vendor Enhanced Catalogs?
Enhanced Catalogs
Book reviews, jackets, evaluative materials?
Libraries shouldn’t preclude information useful to users as long as the criteria for inclusion is viewpoint neutral
Seek broadest spectrum of informational and evaluative materials possible. Ask vendors to include diverse viewpoints in their products
Questions and Answers on Labels and Rating Systems paraphrased
Hitchcock CritiquesALA “Value Judgment” Test
Informative or Prejudicial?
Jean Genet, The Thief’s JournalNotes: author petty thief, homosexual prostitute, army deserter
Diary and Correspondence of Samuel PepysNotes: edition deletes erotic and scatalogical content
Michael Bellesiles’s Arming America Catalog record: shows positive reviews [book now discredited]
“causes more problems than it solves”Leonard A. Hitchcock, “A Critique of the New Statement on Labeling,” The Journal of Academic Librarianship 32:3 (May 2006) p. 296-302
Ratings in Catalog Records?
Ratings in Catalog Records
Movie, Music, Game Ratings in Bibliographic Records, Finding
Aids?
No.
Libraries must not endorse private rating systems subjective, changing criteria
Ratings in library records, library-created finding aids can predispose users
Questions and Answers on Labels and Rating Systems
paraphrased
Library Pathfinder
paraphrased
Rating Systems
• Ratings in packaging? Library should not endorse practice, but removal could constitute expurgation [denying access to a complete work]
• If legislation enforces private rating systems, seek legal advice
Can library restrict R-Rated movies?
Libraries can make rating systems information available
BUT Government, including public libraries, cannot mandate or enforce private organizations’ ratings
First Amendment problem
Questions and Answers on Labels and Rating Systems
paraphrased
3. Restricting Materials Based on Ratings
Who Determines R-Ratings, Parental Advisory Notices?
Motion Picture Association of America (MPAA) www.mpaa.org/FilmRatings.asp
Recording Industry Association of America (RIAA) www.riaa.com/issues/parents/
Rating systems for
parents: films, recordings …
Parental Advisory may contain strong language or depictions of violence, sex or substance abuse
Deborah Caldwell-Stone, Illinois Library Association Reporter 22:2 (2004) p. 10-13
www.ila.org/pub/reporter/vol22no2.pdf
“The public library’s restriction on films represents a presumptively unconstitutional prior restraint on speech.”
-Deborah Caldwell-Stone
WE ARE THE GOVERNMENT
Courts Strike Down Government Enforcement of Ratings
• City ordinance used MPAA ratings to restrict minors
- Struck down
• State penal code made it crime to show movies to minors based on MPAA ratings
- Struck down
Enghahl v. Kenosha, 317 F. Supp. 1133 (E.D. Wis. 1970); Motion Picture Association of America v. Arlen Specter, 315 F. Supp. 824 (E.D. Pa.1970.) Other cases invalidating government use of MPAA ratings: Swope v. Lubbers, 560 F.Supp. 1328 (W.D. Mich. 1983), Rosen v. Budco, 10 Phila. 112 (1983). Cited in Deborah Caldwell-Stone, "Movie Ratings are Private, Not Public Policy,“ Illinois Library Association Reporter 22:2 (2004) p. 10-13 at www.ila.org/pub/reporter/vol22no2.pdf
Government Requirement to Label and Restrict Violent Video Games
California law scheduled Jan. 1, 2006:
Label and restrict violent video games with white “18” outlined in black at least two inches square.
Court:(1) Plausible, less restrictive alternative?
(2) State-compelled speech on commercial videos?
Video Software Dealers Ass'n v. Schwarzenegger, 401 F. Supp. 2d 1034, 2005 U.S. Dist. LEXIS 39476 (N.D. Cal. 2005); similar rulings in other
states at www.theesa.com/facts/industry_self_reg.php
Government Requirement to Label and Restrict Violent Video Games
California law scheduled Jan. 1, 2006:
Label and restrict violent video games with white “18” outlined in black at least two inches square.
Court:(1) Plausible, less restrictive alternative?
(2) State-compelled speech on commercial videos?
Video Software Dealers Ass'n v. Schwarzenegger, 401 F. Supp. 2d 1034, 2005 U.S. Dist. LEXIS 39476 (N.D. Cal. 2005); similar rulings in other
states at www.theesa.com/facts/industry_self_reg.php
Struck down before
law could take effe
ct
Law: R-Rated Movies in California
Libraries
Cal Ed Code § 18032
Policy regarding access by minors to videotapes
(a) Every public library that receives state funds pursuant to this chapter and that provides public access to motion picture videotapes shall, by a majority vote of the governing board, adopt a policy regarding access by minors to motion picture videotapes by January 1, 2000.
(b) Every public library that is required to adopt a policy pursuant to subdivision (a) shall make that policy available to members of the public at every library branch.
www.leginfo.ca.gov/pub/97-98/bill/asm/ab_1851-1900/ab_1886_bill_19980914_chaptered.pdf
Legislative Attempt To Restrict R-Rated Movies
SB 1412 (Haynes) Safe Libraries Act
“… prohibit a public library from providing a direct loan of any motion picture videotape or videodisc that has received an “R” (Restricted) or “NC-17” (No One 17 and Under Admitted) rating by the Motion Picture Association of America to any person under 17 years of age…” Feb. 1, 2000
Former Sen. Ray Haynes, Riverside
www.leginfo.ca.gov/pub/99-00/bill/sen/sb_1401-1450/sb_1412_bill_20000411_amended_sen.pdf
Library Legislation toRestrict R-rated Movies
Iowa Senate File 2108 (2006) http://tinyurl.com/y5f7df
Kansas HB 2581 (2006) http://www.kslegislature.org/bills/2006/2581.pdf
Wisconsin SB 258 (2005) www.wla.lib.wi.us/legis/SB258.htm
MPAA Opposition to Library Legislation to Restrict R-Rated Movies
www.wla.lib.wi.us/ifrt/documents/OhioMPAALawMemo.pdf
Purchasing Decisions
CLA Conference Question: Can library choose to not buy R-
Rated / Parental Advisory stickers?
Answer: Although restrictions on materials trigger First Amendment, Courts don’t tell libraries how to spend their money.
Blanket policy not to buy may be shakier than item-by-item choices
Wal-Mart Problem: Promised Clean Lyrics
Couple sued when CD had “explicit lyrics”
[no parental advisory sticker]
Did Wal-Mart violate own policy?
… settled (refunds)
Newsletter on Intellectual Freedom, March 2005 https://members.ala.org/nif/v54n2/is_it_legal.html
4. Five Key Questions [Based on Candace Morgan’s Law for Librarians
Presentation]
Intended purpose? Inform? Warn? Discourage? Encourage? Promote?
Nature of symbol used? Viewpoint neutral? Prejudicial? Religious meaning or association? Criteria for inclusion? Objective? Value based? Publisher identified? Library judgment? Inclusive or exclusive?
How is label used? Interfiled? Separate shelving? Restrict access?
Sum total of communication to average library user?